Congress

An effort to create a per se marijuana DUID law in California ran into a brick wall of science, the Ohio effort to put a medical marijuana initiative on the ballot shuts down, a US senator seeks an investigation into Purdue Pharma over its claims on OxyContin's extended effectiveness, and more.

The California Assembly rejects a per se marijuana DUID bill after hearing there is no scientific basis for it. (Wikimedia.org)

Marijuana Policy

California Driving While High Bill Killed. A bill that sought to create a per se marijuana drugged driving level of 5 nanograms of THC per milliliter of blood has been killed in the Assembly Appropriations Committee. The committee killed it and a bill that would have let police use oral swabs to strengthen cases after cannabis industry officials said they were not supported by science.

Medical Marijuana

Illinois Medical Marijuana Program Gets Extension, Expansion. The House Friday voted to approve a plan to expand the state's medical marijuana program by adding PTSD and terminal illness to the program's list of qualifying conditions and by extending the program for an additional 2 ½ years. Gov. Bruce Rauner (R) has now come around and says he supports the bill, which still needs a final Senate vote. The measure is Senate Bill 10.

Ohio Medical Marijuana Initiative Backers Call It Quits. Faced with a medical marijuana bill approved by the legislature and awaiting the governor's signature, Ohioans for Medical Marijuana announced Saturday that they were ending their campaign to put an initiative on the November ballot. The Marijuana Policy Project-backed effort decided to call it quits because "the reality is that raising funds for medical marijuana policy changes is incredibly difficult, especially given the improvements made to the proposed program by the Ohio General Assembly and the fact that the Governor is expected to sign the bill." The bill passed by the legislature will allow people with about 20 different diseases and conditions to use marijuana, but not to smoke it.

New York Overdose Tracking Bill Goes to Governor. The Senate and the Assembly have both approved a bill that requires the state Health Department to track non-fatal drug overdoses in a bid to get a more complete picture of opioid drug use in the state. The bill is now on the desk of Gov. Andrew Cuomo (D).

This article was produced in collaboration with AlterNet and first appeared here.

A US senator has called for a federal investigation of Purdue Pharma, the manufacturer of OxyContin, in the wake of reports that the money-making pain reliever wears off early in many patients, leaving them exposed to pain and increased risk of addiction.

Sen. Edward Markey (D-MA) Friday sent letters to the Justice Department, the Food and Drug Administration, and the Federal Trade Commission urging them to begin probes of the Connecticut-based drug maker.

The move comes in the wake of a Los Angeles Times investigation into Purdue Pharma's claim that OxyContin relieves pain for 12 hours, which was one of the drug's main selling points. But the Times found that the effects often wear off before that, leaving patients cycling between relief and intense pain and suffering from opiate withdrawals before their next scheduled pill.

The Times also found that Purdue knew about the problem since OxyContin first appeared in 1996, but continued to claim that it worked for the full 12 hours in part to protect its revenues. The newspaper reported that when faced with the problem, Purdue instructed doctors to prescribe stronger doses, not more frequent ones. Stronger doses of opioid pain relievers are more likely to be implicated in overdose deaths.

"These are serious allegations," Markey wrote in his letter to Attorney General Loretta Lynch. "They raise questions about ongoing deception by Purdue, harm to the public, continued costs to the United States, and the availability of further judicial recourse against Purdue. If upon investigation these allegations are substantiated, the Department should take legal action" against the drug company.

"We promote our medicines only within the parameters approved by FDA and, given FDA has not approved OxyContin for eight-hour use, we do not recommend that dosing to prescribers," the statement said.

That's not good enough for Markey, who represents a state hard-hit by problems with prescription opioids and heroin. More than 1,300 people died from opioid overdoses in the state last year, according to the state Department of Public Health.

In his letter to the FDA and FTC, Markey called Purdue "the leading culprit in the current opioid and heroin overdose epidemic" and accused it of making "false and misleading claims about the longevity of OxyContin's pain-relieving properties."

The FDA and FTC should "investigate these claims and take action to protect patients and consumers from the harm caused by Purdue Pharma's deceptive marketing materials."

California Support for Legalization at 60%, New Poll Finds. Voters in the Golden State are poised to approve the Adult Use of Marijuana Act (AUMA) in November, according to a new poll from the Public Policy Institute of California. The poll had support for legalization at 55% among adults and an even higher 60% among likely voters. Support is up four points from the last PPIC poll in May. "Democrats (69%) and independents (65%) are much more likely than Republicans (45%) to say the use of marijuana should be legal. Two in three adults under age 35 favor legalization, while about half of older adults are in favor. Across racial/ethnic groups, strong majorities of blacks (78%) and whites (65%) favor legalization, while fewer Asians (50%) and Latinos (40%) do so. An overwhelming majority of those who say they have tried marijuana favor legalization (78%), while a solid majority of those who have never tried it are opposed (63%)."

West Virginia Decriminalization Bill Filed. Delegate Mike Pushkin (D-Kanawha) Tuesday filed House Bill 114, which would decriminalize the possession of up to 30 grams of marijuana and the growing up of to six plants. The bill includes language about protecting medical marijuana patients, but does not contain language limiting possession and cultivation prerogatives to patients.

US Rep. Dana Rohrabacher (R-CA) becomes the first member of Congress to admit using medical marijuana, an Ohio medical marijuana bill is moving, and more.

National

On Tuesday,a GOP congressman came out of the closet on his medical marijuana use. Longtime medical marijuana supporter Rep. Dana Rohrabacher (R-CA) has told marijuana reformers lobbying on Capitol Hill that he uses medical marijuana for arthritis pain. "I went to one of those hemp fests in San Bernardino," he explained, adding that a vendor showed him a topical preparation he could rub on his sore shoulder. "And you know what? I tried it about two weeks ago, and it's the first time in a year-and-a-half that I've had a decent night's sleep, because the arthritis pain was gone."

Marijuana Legalizers, Veterans to Protest at White House Friday. A demonstration headed by the DC Cannabis Campaign and Weed for Warriors is set for the White House Friday after the Obama administration failed to respond to the groups' requests for "higher level consultations" following an initial meeting with White House staffers last month. Organizers are saying the event won't be a smoke-in, but it will come close. "This will be an unpermitted event with mass cannabis consumption and escalated civil disobedience," demonstration promotional materials say.

Bernie Sanders Endorses California's Legalization Initiative. Democratic presidential contender Sen. Bernie Sanders endorsed the Adult Use of Marijuana Act (AUMA) legalization initiative at a rally in Vallejo Wednesday. "I do not live in California," the Vermont senator told supporters. "But if I lived in California, I would vote 'yes' to legalize marijuana." Sanders has previously supported legalization in general, but hadn't taken a stand on the AUMA.

Illinois House Passes Decriminalization Bill. The House voted Wednesday to approve Senate Bill 2228, which would decriminalize the possession of up to 10 grams of marijuana. Offenders would be hit with fines of between $100 and $200. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Congress Moves to Allow VA Physicians to Recommend Medical Marijuana to Veterans. The House and Senate on Thursday approved amendments to the Military Construction and Veterans Affairs appropriations bill that should ease access to medical marijuana for veterans suffering from Post-Traumatic Stress Disorder (PTSD), serious wounds, and other debilitating conditions. The measure would bar the spending of federal funds to enforce a Veterans Health Administration policy that prohibits VA physicians from recommending medical marijuana, even in states where it is legal. Once the measure becomes law, VA docs would no longer face penalties for discussing medical marijuana with patients or for providing recommendations for patients to participate in state-legal medical marijuana programs.The House and Senate versions of the appropriations bill have to be reconciled by a conference committee and passed again by both chambers. The medical marijuana amendments passed 233-189 in the House and 89-8 in the Senate.

Louisiana Governor Signs CBD Cannabis Oil Bill. Gov. John Bel Edwards (D) Wednesday signed into law Senate Bill 271, which expands the state's existing cannabis oil program and expands the number of qualifying conditions. The bill also includes provisions for manufacturing cannabis oil in the state. Under the old law, there was no legal means of obtaining cannabis oil in Louisiana.

DEA Raids Montana's Largest Dispensary. The DEA, assisted by local law enforcement, has raided Montana Buds, the state's largest dispensary. Witnesses reported agents removing items from the dispensary. One woman was seen sitting hand-cuffed in front of the building. Agents had no comment other than to say that "this is now a federal investigation." The state Supreme Court ruled in February that dispensaries were illegal, but that ruling doesn't take effect until August. Earlier this week, state medical marijuana interests asked the US Supreme Court to overturn the state Supreme Court ruling.

Asset Forfeiture

Federal Bill to Reform Civil Asset Forfeiture Introduced. A bipartisan group of legislators Thursday introduced the Due Process Act, which would require that authorities in civil asset forfeiture cases prove there was "a substantial connection" between the property being seized and any criminal activity. Under current federal law, the burden of proof is on the owners of asset to show they are not derived from crime. The bill has not yet been assigned a number.

Harm Reduction

DC Expands Opioid Overdose Reversal Drug Access. The DC Department of Health has launched a pilot program to expand access to naloxone (Narcan), the overdose reversal drug. Previously, the drug had only been available at a single location in the city, but under the new plan, the drug will be available at two more locations, and harm reductionists will be handing them out at various other locations.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

This article was produced in collaboration with AlterNet and first appeared here.

The House and Senate on Thursday approved amendments to the Military Construction and Veterans Affairs appropriations bill that should ease access to medical marijuana for veterans suffering from Post-Traumatic Stress Disorder (PTSD), serious wounds, and other debilitating conditions.

Sponsored in the House by Earl Blumenauer (D-OR) and Joe Heck (R-NV), and in the Senate by Steve Daines (R-MT) and Jeff Merkley (D-OR), the measure would bar the spending of federal funds to enforce a Veterans Health Administration policy that prohibits VA physicians from recommending medical marijuana, even in states where it is legal. Once the measure becomes law, VA docs would no longer face penalties for discussing medical marijuana with patients or for providing recommendations for patients to participate in state-legal medical marijuana programs.

The House and Senate versions of the appropriations bill have to be reconciled by a conference committee and passed again by both chambers. The medical marijuana amendments passed 233-189 in the House and 89-8 in the Senate.

With the ban in place, even in states with medical marijuana laws, veterans must go outside the VA system to get a recommendation or even discuss medical marijuana with their doctors. That VA policy actually expired at the beginning of this year, but would remain in force without congressional action. And Congress has acted.

"Today is a monumental day for us vets," said TJ Thompson, a disabled U.S. Navy Veteran who lives in Virginia. "Congress has recognized our right to heal, allowing us access to medical cannabis within the VA.

Marijuana policy reformers, who have long fought to remove obstacles to veterans' use of medical marijuana, were pleased, too.

"Prohibiting VA doctors from recommending medical marijuana does nothing to help our veterans," said Robert Capecchi, director of federal policies for the Marijuana Policy Project. "Current VA policy is preventing physicians from thoroughly monitoring patients' medication decisions and engaging in frank conversations about available treatment options. It dramatically undermines the doctor-patient relationship."

"It's looking like this could finally be the year the federal government stops making veterans jump through costly, time-consuming hoops just to get legal access to medical marijuana," said Tom Angell, head of Marijuana Majority. "Cannabis has shown great promise in helping veterans deal with PTSD and treat chronic pain, and it's an increasingly attractive alternative to opioids. There's absolutely no reason the VA should be preventing its doctors from helping veterans who served our country find relief with medical marijuana."

"We are delighted to lift this outdated, discriminatory policy, which has negatively impacted the lives of so many veterans." said Michael Collins, deputy director for the Drug Policy Alliance's Office of National Affairs. "We need all options on the table to treat veterans, and finally Congress has seen sense and will allow veterans to be on an equal footing to other residents of medical marijuana states."

After today's votes, the two chambers will take up reconciling and differences between the two versions of the appropriations bills before sending them to the president.

DC activists and veterans head for the White House next week to press for end to marijuana prohibition. (Adam Eidinger/Twitter)

Marijuana Policy

Study Finds Legal Marijuana Could Generate Billions a Year in Tax Revenues. A new report from the Tax Foundation estimates that a nationwide "mature marijuana industry" could generate up to $28 billion a year in federal, state, and local tax revenues. That would include $7 billion for the feds, $5.5 billion in business taxes, and $1.5 billion from income and payroll taxes. The report also estimated that a 10% federal surtax could generate $5.3 billion a year.

Montana Medical Marijuana Supporters Appeal to US Supreme Court. The Montana Cannabis Industry Association last Thursday filed a petition with the US Supreme Court seeking to reverse a state Supreme Court decision that guts the state's once-thriving medical marijuana industry. Petitioners argue that the state Supreme Court mistakenly held that marijuana is universally illegal under federal law and point to the Obama administration's decisions to allow states to implement their own marijuana laws.

Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) has signed into law a CBD cannabis oil expansion bill. Last year, the state approved the use of the oil, but only for people under 18. This bill removes that age restriction.

Congress Passes Comprehensive Addiction and Recovery Act. Both houses of Congress have approved the measure, Senate Bill 524 and HR 953, which now goes to President Obama. The bill would expand the availability of naloxone, increase prescription drug monitoring programs, increase jail- and prison-based drug treatment, and bar the Education Department from asking about drug convictions on federal student loan application forms, among other provisions. The bill does not include extra funding to pay for its measures.

Canada to Allow Prescription Heroin. Health Canada announced Friday that it is proposing new regulations to allow access to prescription heroin under its Special Access Program (SAP). That program allows for emergency access to drugs for serious or life-threatening conditions when conventional treatments have failed or are unsuitable. "A significant body of scientific evidence supports the medical use of diacetylmorphine, also known as pharmaceutical-grade heroin, for the treatment of chronic, relapsing opioid dependence. Diacetylmorphine is permitted in a number of other jurisdictions, such as Germany, the Netherlands, Denmark, and Switzerland, to support a small percentage of patients who have not responded to other treatment options, such as methadone and buprenorphine," the statement said.

Macedonia Will Have Medical Marijuana by Month's End. Health Minister Nikola Todorov said Saturday that medical marijuana products will be in pharmacies across the country by the end of the month. The country had earlier amended its Law on the Control of Drugs and Psychotropic Substances to allow the move.

Congress acts on opioid and drug trafficking bills, million want to grow pot if it's legal, a CBD cannabis oil bill moves in Louisiana, a medical marijuana bill is killed in Missouri, and more.

Safe injection sites are coming to Ireland. (vch.ca)

Marijuana Policy

Millions of Americans Would Grow Pot at Home If It Were Legal, Survey Finds. A new Harris Poll conducted for Green State Gardener has found that a whopping 44.5 million adult Americans would grow their own at home if it were legal. That's 18% of all adults, up from 10% only last year. "A year or two of research doesn't establish a trend yet, but the jump in these numbers is pretty significant," said industry analyst Bruce Butterfield. "The largest number of adults most likely to grow marijuana themselves is 18 to 34 year olds, followed by baby boomers aged 55-plus." The poll also found that 59% said marijuana should be legal, in line with other recent polls showing consistent, if narrow, majorities for legalization.

Medical Marijuana

Louisiana Houses Passes CBD Cannabis Oil Expansion Bill. The House approved Senate Bill 271 Wednesday, but because it amended it, the bill must now go back to the Senate for a final vote. Last year, legislators legalized CBD cannabis oil, but only for a handful of conditions. This bill expands those conditions to include seizure disorders. No one can currently use CBD cannabis oils because the legislature is still figuring out how to regulate them.

Ohio Poll Has Overwhelming Support for Medical Marijuana. A new Quinnipiac University poll has support for medical marijuana at very high 90%. The poll comes as a restrictive medical marijuana bill is working its way through the legislature and as a medical marijuana initiative is in the signature-gathering phase. The poll also asked about support for legalization, which came in at 52%.

Industrial Hemp

West Virginia to See First Legal Hemp Crop Since World War II. Scientists with West Virginia University are set to plant hemp next week in Morgantown as part of a research study on phytoremediation (reinvigorating depleted or polluted soils). The second phase of the study will explore hemp's industrial applications.

Drug Policy

House Passes 10-Bill Package Aimed at Opioid Addiction. The House Wednesday approved 10 bills that are part of an 18-bill legislative package designed to fight opioid addiction. One bill would concentrate on best prescribing practices for opioids, another would provide funding for care for babies of mothers addicted to opioids. The rest of the package is due for consideration today or tomorrow.

Congress Passes Transnational Drug Trafficking Act. The act, Senate Bill 32, now heads to the White House for President Obama's signature. The bill would criminalize foreign drug manufacturers if they intend, know, or have probable cause to believe the substance will be illegally imported into the US. It would also increase penalties for trafficking in counterfeit drugs.

This article was produced in collaboration with AlterNet and first appearedhere.

In a stunning victory for California's marijuana industry, federal prosecutors have agreed to end their years-long effort to close and seize Oakland's Harborside Health Center, the nation's largest dispensary with more than 100,000 patients.

Inside Harborside. (HarborsideHealthCenter.com)

Harborside broke the news with a press release Tuesday, followed up by a press conference attended by Oakland officials who have stood by the dispensary since then-US Attorney Melinda Haag went after in 2012.

The effort to shut down Harborside was part of a broader offensive against the state's medical marijuana industry. Prosecutions and threats of prosecutions forced more than 500 dispensaries to shut down, but Harborside stood firm, didn't fold, and fought hard against the federal moves to seize its properties.

"When US Attorney Melinda Haag first filed suit to seize the property Harborside is located in, I vowed we would never abandon our patients... and predicted Harborside would outlast the efforts to close us down," Harborside Executive Director Steve DeAngelo said in the statement. "Today, thanks to the deep support of our community and our elected officials, and the skill and determination of our legal counsel, that prediction has come true."

"It's a great day for Oakland and for all of California," Oakland Mayor Libby Schaaf said at the press conference. "The federal government isn't going to waste tax dollars trying to frustrate the desires of Californians to have safe access to medical cannabis."

Harborside also stood firm because it had the money to do so. The dispensary, which also operates a facility in San Jose, brings in about $25 million a year from medical marijuana sales and was able to hire the finest legal talent in attorney Henry Wykowski.

"We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," Wykowski said. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

But Harborside's success also made it an appealing target for US Attorney Haag. In July 2012, she filed a civil forfeiture action against Harborside, claiming it violated federal drug laws.

"The larger the operation, the greater the likelihood that there will be abuse of the state's medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need," Haag wrote.

Still, Harborside counted on local support, and got it in spades. In October 2012, the city of Oakland sued the federal government in a bid to block the Justice Department from seizing the dispensary's properties. The city argued that shutting down Harborside would harm its patients and force them into the black market to get their medicine.

Between then and now, Harborside won a series of legal victories that allowed it to stay open and avoid eviction, but the city's lawsuit was ultimately rejected by the 9th US Circuit Court of Appeals last August. In the meantime, though, developments at the federal level worked in Harborside's favor. In 2014, Congress approved an amendment by California Congressmen Sam Farr (D) and Dana Rohrabacher (R) that blocks the Justice Department from using federal funds to go after medical marijuana programs in states where it is legal. That amendment was reauthorized last year.

The US Attorney's Office for Northern California has not commented on the decision to drop the case, but the different federal landscape most likely played a key role.

Oakland politicians praised the move.

"Today's decision by the U.S. attorney is a victory for health care access," said Rep. Barbara Lee (D-Calif.), who represents Oakland and pressed for the DOJ to drop the case against Harborside. "For decades, Harborside has helped ensure members of our community can access their medicine. It's past time for the federal government to stop standing between these patients and their medicine."

"Harborside Health Center has been a strong positive presence in Oakland, both for the patients they serve, the workers they employ, and for the vital public services that are supported by their tax revenues," said Oakland City Councilmember Rebecca Kaplan. "I am glad that Oakland's work on the federal case helped keep Harborside open during this dispute, and heartened to know that the threat against them is now removed."

The federal war on medical marijuana in California appears to be ending with a whimper, not a bang.

The DEA approves a PTSD medical marijuana study, a Senate committee votes to rein in the DEA on medical marijuana, a Utah poll has very strong support for medical marijuana, and more.

National

Last week, the Senate Appropriations Committee voted to prevent the DEA from undermining state medical marijuana laws. The committee voted 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

Last week, DEA approved a Colorado-funded study on marijuana and PTSD. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut

Last week, the House approved medical marijuana for kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Iowa

On Monday, a href="http://globegazette.com/news/iowa/gop-medical-cannabis-plan-voted-down/article_f665abe6-90a0-58d9-b756-fed6c88a88d8.html" target="_blank">a CBD medical marijuana expansion bill was killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana

On Monday, the state Supreme Court delayed enforcement of its medical marijuana rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Utah

On Wednesday, a new poll found strong support for medical marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.